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(영문) 창원지방법원마산지원 2014.01.17 2013가합1358

손해배상(기)

Text

1. Of the instant lawsuit, seek confirmation from an eligible business entity regarding the issuance of a credit guarantee certificate under the Credit Guarantee Fund Act.

Reasons

1. Facts of recognition;

A. The defendant guaranteed the debt of the loan of B Co., Ltd. (hereinafter "B") and subrogated for it. The defendant filed a lawsuit against the representative director C, etc. of the above company and its joint guarantor B, Changwon District Court 2001Kadan13627, which won the lawsuit for the claim for reimbursement, and the judgment was affirmed on July 11, 2001, and the judgment became final and conclusive.

B. As the Defendant was unable to be reimbursed the obligation under the foregoing judgment, the Defendant filed a lawsuit against B (State) and C on May 31, 2010 for the interruption of extinctive prescription of the foregoing claim, and a lawsuit against the Plaintiff seeking joint payment of the said claim against the Plaintiff was filed with the Changwon District Court 2010Ga24674.

The defendant asserted that the plaintiff is the same as the plaintiff in the above lawsuit, and thus, the defendant is jointly and severally liable to pay the above indemnity amount under the principle of denial of legal personality or the principle of good faith. However, on November 30, 2010, the above court dismissed the claim against the plaintiff on the ground that both companies cannot be readily concluded as the same company to the extent that they should be denied legal personality, and rendered a judgment citing only the claim against B (State) and C, and the above judgment was finalized on December 25, 2010.

C. Meanwhile, in order to preserve the claim for indemnity against the plaintiff before and after filing a lawsuit for the claim for indemnity amount, the defendant received a decision of provisional seizure on the real estate and the claim owned by the plaintiff as follows.

The claim amount of the object of the instant case No. 1 Changwon District Court 2010Kadan2797, May 2, 2010, which was the date of the determination of the claim amount of the object of the instant case, 714,882,723 won in real estate owned by the Plaintiff on the provisional attachment of real estate No. 2010Kadan3129, Changwon District Court 2010, May 4, 2010, the claim amounting to KRW 50,000 in the provisional attachment Bank of claim No. 2010Kadan4034, May 3, 2010, the claim amounting to KRW 100,00 in the purchase price of goods against the provisional attachment EP Industries Co., Ltd. on June 18, 2010.

On June 23, 2010, for the revocation of the execution of the above provisional seizure, the Plaintiff: (a) total of KRW 864,882,723 =714,882,723 Won 50,000,000.